LevelOne GEL-1072 Manual - Page 3

governments of affected countries. LIMITED SOFTWARE WARRANTY. LevelOne warrants that any media on which the Software is recorded will be free from defects in materials under normal use for a period of twelve (12) months from date of shipment. If a defect in any such media should occur during the effective warranty period, the media may be returned to LevelOne, then LevelOne will replace the media. LevelOne shall not be responsible for the replacement of media if the failure of the media results from accident, abuse or misapplication of the media. EXCLUSIONS. The warranty as mentioned above does not apply to the Software, which (1) customer does not comply with the manual instructions offered by LevelOne in installation, operation, or maintenance, (2) Product fails due to damage from unusual external or electrical stress, shipment, storage, accident, abuse or misuse, (3) Product is used in an extra hazardous environment or activities, (4) any serial number on the Product has been removed or defaced, or (5) this warranty will be of no effect if the repair is via anyone other than LevelOne or the authorized agents. The maximum liability of LevelOne under this warranty is confined to the purchase price of the Product covered by this warranty. DISCLAIMER. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS " AND LEVELONE AND ITS LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH REPSECT TO THE SOFTWARE AND DOCUMENTAITON. LEVELONE AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, INCLUSIVE OF WITHOUT LIMITATION, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, LEVELONE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR RELATED WRITTEN DOCUMENTAITON IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL LEVELONE OR ITS AUTHORIZED RESELLER BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR (A) ANY MATTER BEYOND ITS REASONABLE CONTROL OR (B) ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES ARISING OUT OF THIS LICENSE OR USE OF THE SOFTWARE PROVIDED BY LEVELONE, EVEN IF LEVELONE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL THE LIABILITY OF LEVELONE IN CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT EXCEED THE PRICE PAID TO LEVELONE FOR THE LICENSE. TERM AND TERMINATION. The License is effective until terminated; however, all of the restrictions in regard to LevelOne's copyright in the Software and related documentation will cease being effective at the date of expiration; Notwithstanding the termination or expiration of the term of this agreement, it is acknowledged and agreed that those obligations relating to use and disclosure of LevelOne's confidential information shall survive. Licensee may terminate this License at any time by destroying the software together with all copies thereof. This License will be immediately terminated if Licensee fails to comply with any term and condition of the Agreement. Upon any termination of this License for any reason, Licensee shall discontinue to use the Software and shall destroy or return all copies of the Software and the related documentation. GENERAL. This License shall be governed by and construed pursuant to the laws of Taiwan. If any portion hereof is held to be invalid or unenforceable, the remaining provisions of this License shall remain in full force and effect. Neither the License nor this Agreement is assignable or transferable by Licensee without LevelOne's prior written consent; any attempt to do so shall be void. This License constitutes the entire License between the parties with respect to the use of the Software. LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS THE ENTIRE AND EXCLUSIVE AGREEMENT BETWEEN LEVELONE AND LICENSEE. vi